TNNLU FRESHERS’

Intra-University Moot Court

Competition, 2021

December11th -12th, 2021

Organized by The Moot Court Committee 2021

 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

CONTENTS
SCHEDULE ............................................................................................................................................................... ii

RULES OF THE COMPETITION............................................................................................................................. iii

1 SHORT TITLE ............................................................................................................................................. iii

2 DEFINITIONS............................................................................................................................................. iii

3 GENERAL RULES ...................................................................................................................................... iii

4 CLARIFICATIONS ....................................................................................................................................... iv

5 MEMORIAL RULES .................................................................................................................................... iv

6 ORAL ROUND PROCEDURES ................................................................................................................... vi

7 RESEARCHERS’ ROUND.......................................................................................................................... viii

8 PENALTIES ................................................................................................................................................. ix

9 CODE OF CONDUCT ................................................................................................................................. x

10 MISCELLANEOUS ....................................................................................................................................... x

11 AWARDS ...................................................................................................................................................... x

MOOT PROPOSITION ............................................................................................................................................. 1

i
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

SCHEDULE

Release of Moot Problem & Rules 19.10.2021

Last Date for Requesting Clarifications 25.10.2021

Last Date of Registration 25.10.2021

Last Date for Withdrawal 01.11.2021

Memorial Submission (Soft Copy) 27.11.2021

Researcher’s Test 10.12.2021

Freshers’ IUMCC Orals 11.12.2021 - 12.12.2021

Note:
 Deadlines are to be followed strictly. No extensions shall be granted.
 The dates for the orals may be subject to change in case two days are not sufficient to
accommodate both the preliminary rounds and the advanced rounds.

ii
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

RULES OF THE COMPETITION

(Freshers’ IUMCC Rules, 2021)

1 SHORT TITLE
These Rules shall be called the TNNLU Freshers’ Intra-University Moot Court Competition Rules,
2021.

2 DEFINITIONS
Unless otherwise stated, the following shall be construed hereunder as:
a) “Competition” means the TNNLU Freshers’ IUMCC 2021.
b) “Freshers” refers to the participants from the I Year and the II Year.
c) “Organizers” means the Organizing Committee, Freshers’ IUMCC 2021.
d) “Participating Team” means the team which is eligible to participate in the Competition as per
the rules mentioned herein.
e) “Rules” means the rules of the competition given in this document.
f) “Preliminary Rounds” means the first round of the Competition wherein teams must argue
each party once.
g) “Advanced Rounds” means the Quarter-finals, the Semi-finals and the Final rounds of the
TNNLU Freshers’ IUMCC 2021.

3 GENERAL RULES
3.1. Eligibility
a) Students from the I Year and the II Year are eligible to participate in the Competition.
b) Speaker: Students participating as Speakers shall apply as teams of two.
c) Researcher: Students participating as Researchers in the Researcher’s Round shall apply
individually. Participating as Speakers in the Competition is not a requirement to participate in
the Researcher’s Round.

3.2. Registration
a) Speakers: Each team of Speakers shall register through the Google Form reserved for Speakers
before the due date.
b) Researchers: Registration for the Researcher’s Round shall be done individually via the Google
Form reserved for Researchers before the due date.
c) After the conclusion of the registration procedure, all the registered teams will be assigned
a Team Code and all those who have registered themselves for the Researchers’ Round will be
assigned a separate Researcher’s Code.

iii
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

3.3. Dress Code

Participants should be dressed in black and white formals throughout the Competition.
a) For Gentlemen – Western Formals (White formal shirt, black formal pants, black blazer, black
formal shoes);
b) For Ladies – Western Formals (White formal shirt, black formal pants/black formal skirt, black
blazer, black formal shoes) or Indian Formals (White kurta, black pants, black waistcoat/blazer,
black formal shoes).

4 CLARIFICATIONS
Clarifications to the Moot Proposition can be sought by filling in the attached Google Form for
Clarifications till 11:59 PM (IST), October 25, 2021. Clarifications requested after this date will not be
entertained.

5 MEMORIAL RULES
5.1. General Rules for Memorials
a) All the teams must submit the soft copy of the memorials on or before 11:59 PM (IST),
November 27, 2021 in the Google Form that will be circulated by mail to the teams who have
registered.
b) The soft copy of memorials once submitted cannot be revised or resubmitted.
c) Memorials submitted 12 hours after the deadline prescribed above will not be accepted.
d) The memorials shall not contain any annexure, photograph, graph, diagram or any other
representation of like nature.
e) The memorials should not contain any identification apart from the team code allotted.

5.2. Rules for Submission of Soft Copy of the Memorials

a) The soft copy of the memorials must be submitted as Word Document (.docx) as well as PDF
Format (.pdf) in the Google Form sent to the teams.
b) Memorials submitted via email or any other similar platform will not be accepted.
c) The memorials must be named in the following format: “Team Code – Party”, for
example, “T20 – Respondent”. The file name shall not carry any other identifying marks.
d) All teams shall submit memorials for both the sides i.e., Plaintiff/Petitioner/Appellant and
Defendant/Respondent.
e) Memorials for both the parties must be submitted together. Separate submissions or any
request for separate submission will not be accepted or entertained.

iv
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

5.3. Rules on the Content and Formatting Specifications of Memorials

5.3.1. Content Specifications
Each team is required to prepare a memorial for each party of the dispute with the following
mandatory heads.
i. Cover Page
The Cover Sheet shall be in
a. Blue Colour for the Plaintiff/Petitioner/Appellant Memorial.
b. Red Colour for the Defendant/Respondent Memorial.
ii. Table of Contents
iii. Index of Authorities
iv. Statement of Jurisdiction (Strictly restricted to 1 page)
v. Statement of Facts (Strictly restricted to 1 page)
vi. Issues Raised (Strictly restricted to 1 page)
vii. Summary of Arguments (Strictly restricted to 2 pages)
viii. Arguments Advanced (Strictly restricted to 20 pages)
ix. Prayer (Strictly restricted to 1 page)

5.3.2. Cover Page Specifications

The Cover Page of all Memorials must mention the following information:
i. The Allocated Team Code (intimated via e-mail) only on the right-hand upper corner
of the cover page. No other page should contain the team code.
ii. Forum.
iii. Jurisdiction.
iv. Name of Parties and Status before Forum.
v. Memorial submitted on Behalf of _____________

5.3.3. Formatting Specifications

i. Page Orientation: Portrait
ii. Font Type: Times New Roman
iii. Font Size: 12; size 10 for Footnotes alone
iv. LineSpacing:1.5; single spacing for footnotes alone
v. Margins: 1 inch on each side
vi. Page Size: A4

v
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

5.4. Teams shall cite authorities in the memorial using foot notes following the Bluebook (20th
Edition).

5.5. Evaluation of Memorials

The maximum score for each memorial shall be 100 marks. The memorials shall be evaluated on the
following criteria:

Criteria for Evaluation Maximum Marks

Appreciation of Facts 25 marks

Knowledge, Interpretation and Application of Law 25 marks

Ingenuity and Logical Reasoning 20 marks

Use of Authorities and Precedents 20 marks

Presentation and Formatting 10 marks

6 ORAL ROUND PROCEDURES

6.1. General Rules for Oral Rounds
a) The oral rounds will be conducted online through Cisco WebEx platform. The meeting links
and guidelines for the same shall be sent to the participants via email.
b) The oral rounds shall comprise of two preliminary rounds (one for each side), quarter-finals,
semi-finals and final rounds.
c) The time split between the Speakers must be communicated to the Court Clerks prior to the
commencement of each round.
d) There will be no extension of time. If the judges are of the opinion that a certain exigency does
require an extension of time, they may extend the cumulative speaking time for a team.
e) There shall be no oral communication between team members during oral submissions.
f) The teams shall not disclose to the judges their individual identities in any manner whatsoever
for the entire duration of the rounds
g) Sur-rebuttals maybe allowed at the discretion of the judges.
h) If a team scheduled to participate in the oral submissions of a round does not appear for ten
(10) minutes after the scheduled commencement of such round, the team will be disqualified
and the other team shall make oral submissions ex-parte.

vi
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

6.2. Preliminary Rounds

a) Each team will argue in two (2) Rounds, once for each party.
b) Each team will be given a total of fifteen (15) minutes to make their oral submissions, including
the rebuttal or sur-rebuttal.
c) The qualification of the teams to the Quarter-finals from the Preliminary Rounds will be based
on both Memorial Scores and the Oral Round Scores. The scores of the Preliminary Rounds
will be the aggregate of the average scores in both the oral rounds and the Memorial score
(70% of oral round scores and 30% of Memorial Score).
For example, if the average of the memorial scores is x and the average for the oral rounds is y,
then the aggregate score will be a combination of 30% of x and 70% of y.
d) If two or more teams have the same cumulative score (Memorial Score + Oral Round Scores),
the team with the higher cumulative Oral Rounds Scores shall be ranked higher.
e) In case of a tie, it shall be resolved in the following order:
i. Memorial Score
ii. Highest Score under the scoring criteria ‘Application of Legal Principles & Usage of
Authorities’
iii. Coin Toss

6.3. Advanced Rounds

a) Each team will be given a total of 20 minutes in the Quarter-finals and a total of 30 minutes in
the Semi-finals and the Finals to make their oral submissions, including the rebuttal or sur-
rebuttal.
b) Each team is entitled to a maximum of 5 minutes for rebuttal and sur-rebuttal.
c) The qualification in the Advanced Rounds shall be on the basis of win/loss, which will be
determined by taking into account the Oral Round Scores in the respective rounds.

6.4. Scoring Criteria

The maximum score a Speaker can get is 100 marks. The criteria for evaluation in the oral rounds are
as below:

Criteria for Evaluation Maximum Marks

Application of Legal Principles & Usage of

25 Marks
Authorities

Knowledge of Facts 20 Marks

vii
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

Structure, Articulation & Clarity 20 Marks

Ingenuity & Response to Questions 20 Marks

Court Etiquette, Presentation Style & Time

15 Marks
Management

7 RESEARCHERS’ ROUND
Only those who have registered themselves as participants in the Researchers’ Round shall be eligible
to participate in the Researchers’ Round.

7.1. Memorial Submission for Researchers

a) The participants must submit a Memorial from the side of the Respondent only.
b) The Memorial rules mentioned under Rules 5.1, 5.3, 5.4 and 5.5. are applicable.
c) The soft copy of the memorials must be submitted as Word Document (.docx) as well as PDF
Format (.pdf) in the Google Form for Researcher’s Memorial Submission sent to the teams.
d) Memorials submitted via email or any other similar platform will not be accepted.
e) The memorials must be named in the following format: “Researcher’s Code”, for
example, “R20”. The file name shall not carry any other identifying marks.
f) Participants who have registered themselves as both Speakers and as Researchers must
submit only their Respondent Memorial in the Google Form for Research’s Memorial
Submission, in addition to submitting them in the Google Form provided for the
Speakers.

7.2. Researcher’s Test

a) The Researcher’s Test will be conducted online on December 10, 2021 for 50 marks.
b) The duration of the test is One (1) hour. The test will have both objective and subjective
questions based on the facts in the Moot Problem and the law applicable to the same.

7.3. Researcher’s Awards

a) The aggregate of the Memorial Marks and the Researcher’s Test Marks (50% of the Memorial
score and 50% of the Test score) will determine the Best Researcher and the Second Best
Researcher.
b) In case of a tie, the individual with higher marks in the Researcher’s Test will be ranked higher.
viii
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

8 PENALTIES

Description Penalty

1 mark per hour for each side.

Late submission of Memorials (Soft
Memorials submitted after 12 hours of
Copies)
deadline shall not be accepted.

Failure to add all sections of the memorials 5 marks for each section

Failure to include necessary information

on the cover page of the memorial or use
2 marks each
of a colour on the cover page contrary to
the scheme provided

Disclosure of identity of the team in

10 marks - one-time penalty
memorials

Use of incorrect font style, font size or line 1 mark per violation, maximum of 10
spacing et al. marks per side

Incorrect margins 2 marks- one-time penalty

Excessive length of any section of the

2 marks for each extra page
memorials

Disqualification from Freshers’ IUMCC

Plagiarism in memorials 2021 + 2 months ban from participating in
moot court competitions after a hearing
Researchers: Non-submission of memorial
2 months ban from participating in moot
and/or failure to turn up for the
court competitions after a hearing
Researcher’s Test
Speakers: Non-submission of memorials
4 months ban from participating in moot
and/or failure to turn up for the oral
court competitions after a hearing.
rounds

ix
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

9 CODE OF CONDUCT
a) All participants shall adhere to the online meeting guidelines, notified by the Organizing
Committee via email, from time to time throughout the period of Competition.
b) Any attempt to contact the members of the drafting committee, regarding the Freshers’
IUMCC 2021 Moot Proposition, shall result in disqualification.
c) The identities of the teams shall not be disclosed in any form in the memorials or the
compendiums.
d) All participants shall maintain corum in the court hall during the Competition and are expected
to conduct themselves in a manner befitting the legal profession.
e) Scouting of a team’s future opponent is strictly prohibited. Violation of this rule will result in
immediate disqualification.
f) No person shall attend the arguments of any team or individual during the Competition or
receive information from any person who has attended any of the other rounds.
g) The Organizing Committee reserves the right to take appropriate action for any unethical,
unprofessional and immoral conduct.

10 MISCELLANEOUS
a) The team may submit the compendium through the Google Form which shall be circulated at
a later date.
b) If and when any one of the members of a team is notified or informed of any detail or
information concerning the Competition, it shall be deemed as if the said team as a whole has
been duly notified or informed.
c) In case of any doubt in the understanding or interpretation of any matter concerning the
Competition, the decision of the Organizing Committee shall be final and binding.
d) The MCC reserves the right to modify any rules with respect to the Competition.

11 AWARDS
 Best Researcher
 Second Best Researcher
 Best Speaker
 Second Best Speaker
 Best Memorial (Petitioner)
 Best Memorial (Respondent)
 Runners-up
 Winners

x
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

MOOT PROPOSITION
1. In the 1960s, the population of the Bay Area of Ethropia, in the State Agamoneon, Republic of
Dunfold, were haunted by the Gemini Assassin, a serial killer, who stalked, kidnapped, and brutally
murdered his victims who were mostly young women born in the month of June. Each day the police
couldn’t trace him, his confidence grew. He sent out notes to press houses and radio stations with
cryptic messages and riddles to help decipher his identity. No one was able to trace him at the height
of his killings, much less after the murders had stopped. Even after the murders had become scarce
and finally unconnected with the Gemini Assassin, he haunted every household from his own.

2. The Case Crackers, founded in the year 1981, are an independent society of cold case investigators.
The society consists of 40 members from various backgrounds ranging from ex-military officials,
retired policemen, and lawyers to businessmen. The Case Crackers’ official website proudly recounts
crimes, mostly small and petty crimes, that they have helped solve over the years. As per the society’s
official website they have solved various cold cases that have been shelved by law enforcement
agencies for decades. They claim to have solved the case of the Tiger Killer, the 7 year cold case of a
serial killer who would strangulate his victims and leave a tiger emblem on a pendant around their
necks. The group published a book titled “The Tiger Killer is Just Some Guy Named Gary”. The
book sold very few copies but the Police Department of Bay Area of Ethropia publicly acknowledged
the society’s contribution in finally solving the case.

3. In 2019, the Police Department of Bay Area of Ethropia, recognising that the Case Crackers have
some potential, entered into a contractual arrangement with them for compiling, cataloguing, and
archiving information about cold cases from various public sources, and for further investigation if
there was a scope for it. The Police Department was of the opinion that engaging an independent
group to compile and archive public information in a systematic manner would be a useful exercise to
understand and control the crime rate, train new recruits, and learn from their past mistakes, if any.
Speaking to the local newspaper about the contract, one of the Inspectors of the Police Department
remarked, “a fresh pair eyes may help identify newer shades of an old shadow”. The Police Department was also
hopeful that the exercise might help them finally close some of the older cases.

4. The Case Crackers were delighted to accept the offer; however, they declined any remuneration for
their work as they considered aiding the Police Department a part of their civic duty to society.

5. In 2021, the Case Crackers published an article on their office website titled “Gemini Assassin
Identity Revealed: He Could Have Been Your Neighbour”, authored by two members of the Case
Crackers society. The article claims that the Case Crackers have, after years of rigorous research and
investigation identified the Gemini Assassin who tormented the populous in the 1960s. They identify
1
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

one Mr. Chad Homer as the Gemini Assassin. The article recollects all the murders suspected to be
committed by the Gemini Assassin in great detail, and is complete with a side by side comparison of
the police sketches of the Gemini Assassin and one of Mr. Homer’s face with a caption explaining
that the wrinkles in the forehead of the sketch are an absolute match to those on Mr. Homer’s. The
article also goes into great detail about Mr. Homer’s whereabouts during and after each of the killings,
and finally about how he settled down with his wife in Upper West Side of the Bay Area until he
passed away in 2018. It includes a comment from a Mr. Jensen Drag, claiming to be a former
neighbour of the Homers’ family. His comment reads: “He always seemed like a lovely man, but now that I
think back to those days, there was always something eerie about him.” According to the article the Case Crackers’
greatest sense of pride comes from the fact that they were able to identify the Gemini Assassin purely
from the information already available to the public.

6. The Case Crackers share their article on Chipper, a website for users to create, share and subscribe to
content, and social network. The Case Crackers’ passionate followers as well as casual users of Chipper
further shared the article on their own Chipper profile for their followers to read. Two weeks after the
date of publication of the article by the Case Crackers on their website, the Police Department of Bay
Area issued a comment, which is a single sentence, in this regard “the case is still open, and we are looking
into the new findings of the Case Crackers...”.

7. Mrs. Enola Homer, wife of late Mr. Chad Homer, absolutely devastated and agonised by the
publication about her husband, files a case alleging that the Case Crackers and the Police Department of
Bay Area have defamed her and her husband. Mrs. Enola Homer claims that these speculations have
tarnished their reputation, her own neighbours have turned hostile, and that she has been subjected to
acute mental agony and trauma. Her agony further stems from the fact that enthusiastic netizens and
online followers of the Case Crackers have found pictures of her and husband from her old Chipper
account and have been widely sharing the same. The picture of them smiling from one of their
wedding anniversaries has been re-shared over 30,000 times as on the date of filing this case. Some
frenzied followers of Case Crackers had even shared the last known residential address of Mrs. Enola
Homer on their Chipper accounts. Mrs. Enola Homer further alleges that her employment at the local
children’s centre was terminated because of the Case Crackers’ article.

8. Mrs. Enola Homer has approached the High Court of Agamoneon under Article 226 of the
Constitution of Dunfold. She brings before the Hon’ble Court a Writ Petition alleging that the Case
Crackers and the Police Department of Bay Area of Ethropia have defamed her and her late husband,
and their actions have caused her unbearable humiliation, loss of employment, and have ripped away
her chance to live a dignified life. Furthermore, both the Respondents have also violated her right to
privacy and right to life guaranteed to her under the Constitution of Dunfold. Even as the events were
2
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

unfolding right in front of the Respondents, they had failed to extend any efforts towards damage
control.

9. Mrs. Enola Homer argues that:

i. It is clear that the Respondents defamed her late husband and her by extension as there was
no break in the chain of causation and their actions are antecedent to her injuries.

ii. The Case Crackers, while carrying out a public function of the State, have violated her right to
life and right to privacy under Article 21 of the Constitution of Dunfold. Even otherwise, by
application of the principles of horizontal effect of fundamental rights, it is clear that they have
violated her fundamental rights.

iii. The Police Department of Bay Area of Ethropia is vicariously liable for the actions of Case
Crackers and has also violated her right to life and right to privacy under Article 21 of the
Constitution of Dunfold. The Police Department has miserably failed in protecting her
fundamental rights.

10. Mrs. Enola Homer, the Petitioner, has sought for compensation, a public statement of apology and
clarification from both the Respondents, and an order directing the Respondents to remove all content
related to the allegations against her husband from their website, and social media spaces.

11. The Case Crackers, the 1st Respondent, argues that:

i. Mrs. Enola Homer does not have locus standi to bring forward a case of behalf of her late
husband, Mr. Chad Homer, who was the only person named in their article, as he had already
passed away. As a relative of the deceased person, the Petitioner cannot initiate a case for
defamation.

ii. On the count of defaming the Petitioner, they contend that their article has not referred to
her by name or description and that it is not reasonably foreseeable that their internet followers
and readers would identify the Petitioner herein as the wife of Mr. Chad Homer.

iii. This Respondent cannot be held liable for the actions of their readers and followers. The
Respondent had no intention to defame the Petitioner; they had merely reported what they
believed to be the truth.

iv. Finally, this Respondent is a private entity and any allegation of violation of fundamental
rights against them is unsustainable.

3
 TNNLU - FRESHERS’ INTRA UNIVERSITY MOOT COURT COMPETITION, 2021

12. The Police Department of Bay Area of Ethropia, the 2nd Respondent, argues that the Department
cannot be held vicariously liable for the actions of the Case Crackers and by extension their followers
and readers, and that the Department as such has not violated the fundamental rights of the Petitioner.

13. The Respondents also object to the Petition on the grounds of maintainability. The High Court of
Angemoneon rejects that contention, and assumes jurisdiction of the case. The case is posted for final
arguments.

Note for Mooters:

1. Mooters shall not assume any facts beyond the Moot Proposition.
2. The laws of the Republic of Dunfold are in pari materia with the laws of India.

4
 TNNLU FRESHERS’
Intra-University Moot Court Competition, 2021

December 11th - 12th, 2021

Instagram: instagram.com/tnnlu_mcc
Email: mootcourt@tnnlu.ac.in